In cases of serious offenses, bail may be granted subject to conditions to prevent future offenses and ensure the integrity of the investigation.

Headnote:
BAIL - SECTION 307 IPC - [SUMMARY] The court granted bail to the petitioner, accused of attempted murder under Section 307 IPC, after considering the nature of injuries, the petitioner's custody period, and the possibility of imposing conditions to prevent future offenses.
Fact of the Case:

The petitioner was accused of attacking his wife with a pressure cooker lid, causing grievous hurt, and was charged under Sections 498(A), 341, 323, 324, and 307 IPC, and Section 75 of the Juvenile Justice Act.
Finding of the Court:

The court found that the petitioner had been in custody for 32 days, and that while the allegations were serious, the continued detention of the petitioner was not necessary for investigation. The court also noted that the petitioner had been accused of a similar offense in the past.
Issues: Whether the petitioner should be granted bail considering the nature of the offense and the possibility of future offenses.
Ratio Decidendi: The court held that the petitioner could be granted bail subject to conditions, including a bond, reporting to the investigating officer, refraining from interfering with the investigation or intimidating witnesses, not entering Kottayam District except for specific purposes, and not committing any other crimes while on bail.
Final Decision: The court granted bail to the petitioner subject to the aforementioned conditions.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945 BAIL APPL. NO. 10453 OF 2023 CRIME NO.1753/2023 OF GANDHINAGAR POLICE STATION, KOTTAYAM DISTRICT PETITIONER / ACCUSE D :

NISSAM, AGED 47 YEARS, S/O.ISHAK A., RAYYAN THULEENAYYATH HOUSE, KANNAMPALLY BHAGAM, KAYAMKULAM P.O., ALAPPUZHA DISTRICT, PIN – 685 602.

BY ADVS.

RAJU SEBASTIAN VADAKKEKKARA SABAD K.H.

S.RAJASEKHARAN NAIR S.KRISHNA KUMAR (MANGALAM)

SANTHOSH BHASKARAN NAIR BERTRAND BASIL RIFSA REBAIE RESPONDEN T S / S TAT E :

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031.

2 ADDL R2 SHAMNAS, AGED 36 YEARS, W/O. NISSAM, RAYYAN THULEENAYYATH HOUSE, TPO, ELIPPAKKULAM KARA, VALLIKUNNAM VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PRESENTLY RESIDING AT CHENGUN, B-3 APARTMENT, ATHIRAMPUZHA, NEAR NAYARA PETROL PUMP, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT PIN- 686562 IS IMPLEADED AS PER ORDER DATED 30/11/2023 IN CRL.MA.

1/2023.

BY ADV SHAJIN S.HAMEED SRI G. SUDHEER (PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER This is an application for regular bail.

2. The petitioner is the accused in Crime No.1753 of 2023 of Gandhinagar Police Station, Kottayam District, alleging commission of offences under Sections 498(A), 341, 323, 324 and 307 of the Indian Penal Code and Section 75 of Juvenile Justice (Care and protection of children) Act. The allegation against the petitioner is that on 05.11.2023 at about 11.00 A.M, the petitioner attacked the de-facto complainant, who is none other than the wife of the petitioner and caused grievous hurt to her using the lid of a pressure cooker and thereby he committed the offences alleged against him. The allegation is that the petitioner had attacked the de-facto complainant only on account of the fact that the de-facto complainant had denied sexual relationships on that particular day.

3. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that there are matrimonial disputes between the petitioner and the de-facto complainant. It is submitted that the allegation that the petitioner had attacked the children born out of the relationship between the petitioner and the de-facto complainant is absolutely false. It is submitted that the allegations have been raised only to see that the petitioner is put behind bars. It is submitted that the petitioner has already been in custody for 32 days and the continued detention of the petitioner is not necessary in the facts and circumstances of the case. The learned counsel points out that even if the entire allegations in the First Information Statement are accepted to be true, considering the nature of the injuries allegedly suffered by the de-facto complainant, the offence under Section 307 of the Indian Penal Code may not attracted. 4. The learned Public Prosecutor and the learned counsel appearing for the de-facto complainant would vehemently oppose the grant of bail. It is submitted that in the year 2021, a crime was registered against the petitioner on the complaint of the de-facto complainant as Crime No.339 of 2021 of Vallikkunnam Police Station, alleging commission of offences under Sections 323, 341 and 506 of the Indian Penal Code. It is submitted that thereafter, the matter was settled and the petitioner and the de-facto complainant started living together. It is submitted that the de-facto complainant is facing regular harassment and physical assault from the petitioner. It is submitted that the petitioner is working as a Preventive Officer in the Excise Department and he is an alcoholic and he always abuses the de-facto complainant and the children. It is submitted that de-facto complainant was living along with the petitioner in a rented house belonging to a friend of the petitioner and following the registration

Click Here to Read the rest of this document